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Argued and Submitted Nov. Decided May 10, Roger S. Hanson, Santa Ana, Cal. Thomas C.
Allen told Young and Mason this information was needed to prosecute Compton.
Lopez, F. The Government admits that from June, to February, defendants were, in fact, acting as government operatives for the FBI. Allen then asked Young and Mason to "try to discover as much information as they could" for Allen to pass it on to San Diego. Based on this immediate credit, promptly after depositing these credit card slips, Compton compton escorts reimbursement checks less a service charge on his merchant which were deposited by Young and Mason.
Worth, Texas and subsequently Denver, Colorado. Blank credit card slips and imprinting machines were supplied by Compton for a fee. Hanson, Santa Ana, Cal.
Where a person having no intention to violate the law is talked into committing a crime by government agents, he is entrapped, and the law as a matter of policy forbids his conviction. Compton escorts and Mason argue that the prohibited conduct occurred during the fraudulent bank application, which undisputably preceded the effective date of the statute. Consequently, no counsel was aware what the instruction would be until it was actually given.
Allen and Young were friendly and exchanged Christmas cards. The Government contends that the conduct charged was the execution of the scheme by depositing the sales slips and receiving credit while concealing the true nature of the business enterprise.
An act is done knowingly if done voluntarily and intentionally and not because of mistake or accident or other innocent escortd. Allen testified he served as the middleman of the information at this time in order to protect Young's identity.
Green, F. McConney, F. Young and Mason had about seven or eight telephone calls with Allen, which provided statements concerning Compton, who was later convicted. The customers were informed that the business name on the statements would be "Pictures Are Forever" or that the business name would be discrete. See United States v. Estelle, Sscorts.
Stoker v. Bank policy at both federally insured institutions prohibited third-party processing and did not provide merchant s to escort agencies, massage parlors and other like businesses.
On the other hand, where a person is already willing to commit a crime, it is not entrapment if government agents merely provide an opportunity to commit the crime, so then if you find beyond a reasonable doubt that before anything was done by government agents, defendants were willing to commit a crime like the one charged in the Indictment if the opportunity was offered, and that the government agents did no comptpn than offer that opportunity, then you should find that the defendants were compton escorts entrapped.
The forwarding of these checks forms the basis for compyon charges of the use of interstate commerce in the aid of racketeering. In enacting the bank fraud statute, Congress also took into the body of case law accompanying the mail and wire fraud statutes. Serv-Well Furniture Co. They were forwarded to Compton who in turn deposited them in his merchant bank at Wells Fargo Bank.
V Moreover, the legislative history expresses the congressional intent that the bank fraud statute receive the same broad compton escorts as the mail and wire fraud statutes. As a result of Young's testimony and other evidence, Altimari and others were convicted and sentenced to prison. In Allen's December 19, Christmas card, sent to Young's mother's home, and which was introduced at trial, he thanked Young for a gift he received. Since none of these acts applies to events occurring before the statute's enactment, we find no violation of the Ex Post Facto Clause.
This third-party imprinted a fictitious business name and deposited the credit card slips with a bank, concealing the fact that the slips were actually for an out-of-state escort business.
Young and Mason do not dispute, and we therefore do not consider, the remaining elements for section a 2 bank fraud. The primary issue on appeal is whether the jury was appropriately instructed upon this theory of defense. The legislative history clearly establishes that the bank fraud statute was "modeled" on the mail and compton escorts fraud statute. Bonallo, F. Furthermore, the entrapment instruction commenced, "[t]he defendants have asserted that they were victims of entrapment;" whereas, in fact, they had not made that assertion and had specifically objected to the instruction because it mischaracterized their defense.
In this case, there is no question that the defendants were operating a prostitution enterprise prior to any government involvement. There is no indication that the government authorization sought to limit this activity; in fact, Young and Mason were later used to gather evidence against Compton, which directly pertained to the credit card business. The defense objected, and the district court at that time agreed with defense counsel: "It's not a predisposition case; that's the trouble, but Eescorts am going to have to work on it some more.
In addition to this expansive language, as already noted, the legislative history supports a broad construction of the statutory language. Although we would reverse the convictions based on the erroneous theory of defense instructions, we are required to review the sufficiency of the evidence challenge. In each case, we held that other instructions adequately presented the theory of the defense. Similarly, compon United States v.
On appeal, the Government does not seriously contend that the entrapment instruction appropriately instructed the jury on the defendants' theory of the case. Young and Mason left Philadelphia for Ft.
United States v. Bohonus, F.
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